Debates of Dec. 4th, 2012

Jobs and Growth Act, 2012

[Peggy Nash, NDP, Parkdale—High Park, ON]

moved:

Motion No. 278

That Bill C-45 be amended by deleting Clause 180.

Motion No. 279

That Bill C-45 be amended by deleting Clause 181.

Motion No. 280

That Bill C-45 be amended by deleting Clause 182.

Motion No. 281

That Bill C-45 be amended by deleting Clause 183.

Motion No. 282

That Bill C-45 be amended by deleting Clause 184.

Motion No. 286

That Bill C-45 be amended by deleting Clause 206.

Motion No. 287

That Bill C-45 be amended by deleting Clause 207.

Motion No. 288

That Bill C-45 be amended by deleting Clause 208.

Motion No. 289

That Bill C-45 be amended by deleting Clause 209.

Motion No. 292

That Bill C-45 be amended by deleting Clause 219.

Motion No. 293

That Bill C-45 be amended by deleting Clause 220.

Motion No. 294

That Bill C-45 be amended by deleting Clause 221.

Motion No. 295

That Bill C-45 be amended by deleting Clause 222.

Motion No. 296

That Bill C-45 be amended by deleting Clause 223.

[André Bellavance, Bloc, Richmond—Arthabaska, QC]

moved:

Motion No. 297

That Bill C-45, in Clause 223, be amended by deleting lines 16 to 26 on page 239.

[Peggy Nash, NDP, Parkdale—High Park, ON]

moved:

Motion No. 299

That Bill C-45 be amended by deleting Clause 224.

Motion No. 300

That Bill C-45 be amended by deleting Clause 225.

Motion No. 302

That Bill C-45 be amended by deleting Clause 226.

Motion No. 303

That Bill C-45 be amended by deleting Clause 227.

Motion No. 304

That Bill C-45 be amended by deleting Clause 228.

Motion No. 305

That Bill C-45 be amended by deleting Clause 229.

Motion No. 306

That Bill C-45 be amended by deleting Clause 230.

Motion No. 307

That Bill C-45 be amended by deleting Clause 231.

Motion No. 308

That Bill C-45 be amended by deleting Clause 232.

Motion No. 309

That Bill C-45 be amended by deleting Clause 233.

Motion No. 310

That Bill C-45 be amended by deleting Clause 234.

Motion No. 311

That Bill C-45 be amended by deleting Clause 235.

Motion No. 312

That Bill C-45 be amended by deleting Clause 236.

Motion No. 313

That Bill C-45 be amended by deleting Clause 237.

Motion No. 314

That Bill C-45 be amended by deleting Clause 238.

Motion No. 315

That Bill C-45 be amended by deleting Clause 239.

Motion No. 316

That Bill C-45 be amended by deleting Clause 240.

Motion No. 317

That Bill C-45 be amended by deleting Clause 241.

Motion No. 318

That Bill C-45 be amended by deleting Clause 242.

Motion No. 319

That Bill C-45 be amended by deleting Clause 243.

Motion No. 320

That Bill C-45 be amended by deleting Clause 244.

Motion No. 321

That Bill C-45 be amended by deleting Clause 245.

Motion No. 322

That Bill C-45 be amended by deleting Clause 246.

Motion No. 323

That Bill C-45 be amended by deleting Clause 247.

Motion No. 324

That Bill C-45 be amended by deleting Clause 248.

Motion No. 325

That Bill C-45 be amended by deleting Clause 249.

Motion No. 326

That Bill C-45 be amended by deleting Clause 250.

Motion No. 327

That Bill C-45 be amended by deleting Clause 251.

Motion No. 328

That Bill C-45 be amended by deleting Clause 252.

Motion No. 329

That Bill C-45 be amended by deleting Clause 253.

Motion No. 330

That Bill C-45 be amended by deleting Clause 254.

Motion No. 331

That Bill C-45 be amended by deleting Clause 255.

Motion No. 332

That Bill C-45 be amended by deleting Clause 256.

Motion No. 333

That Bill C-45 be amended by deleting Clause 257.

Motion No. 334

That Bill C-45 be amended by deleting Clause 258.

Motion No. 335

That Bill C-45 be amended by deleting Clause 259.

Motion No. 336

That Bill C-45 be amended by deleting Clause 260.

Motion No. 337

That Bill C-45 be amended by deleting Clause 261.

Motion No. 338

That Bill C-45 be amended by deleting Clause 262.

Motion No. 339

That Bill C-45 be amended by deleting Clause 263.

Motion No. 340

That Bill C-45 be amended by deleting Clause 264.

Motion No. 341

That Bill C-45 be amended by deleting Clause 265.

Motion No. 344

That Bill C-45 be amended by deleting Clause 266.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

,

seconded by the member for Thunder Bay—Superior North, moved:

Motion No. 345

That Bill C-45, in Clause 266, be amended by adding after line 6 on page 260 the following:

“(9) For greater certainty, any prescribed information given to the Agency in relation to any persons on board or expected to be on board a conveyance shall be subject to the Privacy Act.”

Motion No. 346

That Bill C-45, in Clause 266, be amended by adding after line 6 on page 260 the following:

“12.2 Within six months after the day on which regulations made under subsection 12.1(8) come into force, the impact of section 12.1 and those regulations on privacy rights must be assessed and reported to each House of Parliament.”

[Peggy Nash, NDP, Parkdale—High Park, ON]

moved:

Motion No. 347

That Bill C-45 be amended by deleting Clause 267.

Motion No. 348

That Bill C-45 be amended by deleting Clause 268.

Motion No. 349

That Bill C-45 be amended by deleting Clause 269.

Motion No. 350

That Bill C-45 be amended by deleting Clause 270.

Motion No. 351

That Bill C-45 be amended by deleting Clause 271.

Motion No. 352

That Bill C-45 be amended by deleting Clause 272.

Motion No. 353

That Bill C-45 be amended by deleting Clause 273.

Motion No. 354

That Bill C-45 be amended by deleting Clause 274.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

,

seconded by the member for Thunder Bay—Superior North, moved:

Motion No. 355

That Bill C-45, in Clause 274, be amended by adding after line 38 on page 262 the following:

“(3) The council shall, within four months after the end of each year, submit to the Minister a report on the activities of the council during that year.

(4) The Minister shall cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the day on which the Minister receives it.

(5) The Minister shall send a copy of the report to the lieutenant governor of each province immediately after a copy of the report is last laid before either House.

(6) For the purpose of this section, “sitting day” means a day on which either House of Parliament sits.”

[Peggy Nash, NDP, Parkdale—High Park, ON]

moved:

Motion No. 356

That Bill C-45 be amended by deleting Clause 275.

Motion No. 357

That Bill C-45 be amended by deleting Clause 276.

Motion No. 361

That Bill C-45 be amended by deleting Clause 277.

Motion No. 362

That Bill C-45 be amended by deleting Clause 278.

Motion No. 363

That Bill C-45 be amended by deleting Clause 279.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

,

seconded by the member for Thunder Bay—Superior North, moved:

Motion No. 364

That Bill C-45, in Clause 279, be amended

(a) by replacing line 3 on page 265 with the following:

“47. (1) The Minister may, following public consultation, designate any”

(b) by replacing lines 8 to 15 on page 265 with the following:

“specified in this Act, exercise the powers and perform the”

[Peggy Nash, NDP, Parkdale—High Park, ON]

moved:

Motion No. 365

That Bill C-45 be amended by deleting Clause 280.

Motion No. 366

That Bill C-45 be amended by deleting Clause 281.

Motion No. 368

That Bill C-45 be amended by deleting Clause 282.

Motion No. 369

That Bill C-45 be amended by deleting Clause 283.

Motion No. 370

That Bill C-45 be amended by deleting Clause 284.

Motion No. 371

That Bill C-45 be amended by deleting Clause 285.

Motion No. 372

That Bill C-45 be amended by deleting Clause 286.

Motion No. 373

That Bill C-45 be amended by deleting Clause 287.

Motion No. 374

That Bill C-45 be amended by deleting Clause 288.

Motion No. 375

That Bill C-45 be amended by deleting Clause 289.

Motion No. 376

That Bill C-45 be amended by deleting Clause 290.

Motion No. 377

That Bill C-45 be amended by deleting Clause 291.

Motion No. 378

That Bill C-45 be amended by deleting Clause 292.

Motion No. 379

That Bill C-45 be amended by deleting Clause 293.

Motion No. 380

That Bill C-45 be amended by deleting Clause 294.

Motion No. 381

That Bill C-45 be amended by deleting Clause 295.

Motion No. 382

That Bill C-45 be amended by deleting Clause 296.

Motion No. 383

That Bill C-45 be amended by deleting Clause 297.

Motion No. 384

That Bill C-45 be amended by deleting Clause 298.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

,

seconded by the member for Thunder Bay—Superior North, moved:

Motion No. 385

That Bill C-45, in Clause 302, be amended by replacing lines 4 to 8 on page 271 with the following:

“9. (1) Except in instances where a province is pursuing any of the legitimate objectives referred to in Article 404 of the Agreement, namely public security and safety, public order, protection of human, animal or plant life or health, protection of the environment, consumer protection, protection of the health, safety and well-being of workers, and affirmative action programs for disadvantaged groups, the Governor in Council may, by order, for the purpose of suspending benefits of equivalent effect or imposing retaliatory measures of equivalent effect in respect of a province under Article 1709 of the Agreement, do any”

[Jean-François Fortin, Bloc, Haute-Gaspésie—La Mitis—Matane—Matapédia, QC]

moved:

Motion No. 386

That Bill C-45 be amended by deleting Clause 307.

[Peggy Nash, NDP, Parkdale—High Park, ON]

moved:

Motion No. 389

That Bill C-45 be amended by deleting Clause 308.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

,

seconded by the member for Thunder Bay—Superior North, moved:

Motion No. 390

That Bill C-45, in Clause 308, be amended by replacing line 29 on page 272 with the following:

“national in respect of whom there is reason to believe that he or she poses a specific and credible security threat must, before entering Canada, apply”

Motion No. 392

That Bill C-45, in Clause 308, be amended by adding after line 5 on page 273 the following:

“(1.02) The Minister shall cause a copy of each proposed regulation made under subsection (1.01) to be laid before each House of Parliament, and each House shall refer the proposed regulation to the appropriate committee of that House.

(1.03) A regulation may not be made before the earliest of

(a) 30 sitting days after the proposed regulation is laid before Parliament,

(b) 160 calendar days after the proposed regulation is laid before Parliament, and

(c) the day after the day on which each appropriate committee has reported its findings with respect to the proposed regulation.

(1.04) The Minister shall take into account any report of the committee of either House. If a regulation does not incorporate a recommendation of the committee of either House, the Minister shall lay before that House a statement of the reasons for not incorporating it.

(1.05) A proposed regulation that has been laid before Parliament need not again be so laid prior to the making of the regulation, whether it has been altered or not.”

Motion No. 393

That Bill C-45, in Clause 308, be amended by replacing line 5 on page 273 with the following:

“system or officer, and any personal information relating to the authorization may only be disclosed in accordance with the Privacy Act.”

Motion No. 394

That Bill C-45, in Clause 308, be amended by adding after line 5 on page 273 the following:

“(1.02) No private security company shall be involved in the collection, dissemination, retention or disposal of private information obtained for the purposes of the electronic authorization system referred to in subsection (1.01).”

[Peggy Nash, NDP, Parkdale—High Park, ON]

moved:

Motion No. 395

That Bill C-45 be amended by deleting Clause 309.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

, seconded by the member for Thunder Bay—Superior North, moved:

Motion No. 396

That Bill C-45, in Clause 309, be amended by adding after line 12 on page 273 the following:

“(4) Within six months after the day on which the regulations relating to electronic travel authorizations referred to in subsection 11(1.01) come into force, the impact of such authorizations on privacy rights must be assessed and the assessment reported to each House of Parliament.”

Motion No. 397

That Bill C-45, in Clause 309, be amended by adding after line 12 on page 273 the following:

“(4) Regulations relating to electronic authorizations referred to in subsection 11(1.01) shall not be made earlier than two years of the coming into force of this subsection to allow for consultation with the tourism industry and other interested parties to assess the potential impact of the regulations on that industry.”

[Peggy Nash, NDP, Parkdale—High Park, ON]

moved:

Motion No. 398

That Bill C-45 be amended by deleting Clause 310.

Motion No. 399

That Bill C-45 be amended by deleting Clause 311.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

,

seconded by the member for Thunder Bay—Superior North, moved:

Motion No. 400

That Bill C-45, in Clause 311, be amended by replacing line 24 on page 273 with the following:

“subsections 11(1) and (1.01), other than those for which an authorization is issued by the system and those”

Motion No. 401

That Bill C-45, in Clause 311, be amended by adding after line 33 on page 273 the following:

“(1.01) This section ceases to have effect with respect to electronic travel authorizations referred to in subsection 11(1.01) at the end of the fifteenth sitting day of Parliament after December 31, 2016 unless, before the end of that day, the application of this section is extended by a resolution passed, by both Houses of Parliament, that this section continues to be in force.”

[Peggy Nash, NDP, Parkdale—High Park, ON]

moved:

Motion No. 402

That Bill C-45 be amended by deleting Clause 312.

Motion No. 404

That Bill C-45 be amended by deleting Clause 313.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

, seconded by the hon. member for Thunder Bay—Superior North, moved:

Motion No. 405

That Bill C-45, in Clause 313, be amended by deleting lines 15 to 24 on page 274.

[Peggy Nash, NDP, Parkdale—High Park, ON]

moved:

Motion No. 407

That Bill C-45 be amended by deleting Clause 314.

Motion No. 409

That Bill C-45 be amended by deleting Clause 315.

Motion No. 410

That Bill C-45 be amended by deleting Clause 316.

Motion No. 411

That Bill C-45 be amended by deleting Clause 317.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

, seconded by the member for Thunder Bay—Superior North, moved:

Motion No. 415

That Bill C-45, in Clause 317, be amended by adding after line 22 on page 277 the following:

“(7) Section 2 of the Act is renumbered as subsection 2(1) and is amended by adding the following:

(2) For the purposes of this Act, when considering if a decision is in the public interest, the Minister shall take into account, as primary consideration, whether it would protect the public right of navigation, including the exercise, safeguard and promotion of that right.”

[Peggy Nash, NDP, Parkdale—High Park, ON]

moved:

Motion No. 419

That Bill C-45 be amended by deleting Clause 318.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

, seconded by the member for Thunder Bay—Superior North, moved:

Motion No. 422

That Bill C-45, in Clause 318, be amended by adding after line 7 on page 279 the following:

“(f) the importance of that navigable water to Aboriginal people for traditional and other uses. ”

Motion No. 423

That Bill C-45, in Clause 318, be amended by adding after line 7 on page 279 the following:

“(4.1) For the purposes of this Act, a bridge, boom, dam or causeway is deemed to have been determined by the Minister to be a work that substantially interferes with navigation.”

Motion No. 426

That Bill C-45, in Clause 318, be amended by adding after line 38 on page 279 the following:

“(10) All works that the Minister has determined under this section are likely to substantially interfere with navigation are deemed to be physical activities designated by regulations made under paragraph 84(a) of the Canadian Environmental Assessment Act, 2012 and linked to the Canadian Environmental Assessment Agency.”

Motion No. 428

That Bill C-45, in Clause 318, be amended by adding after line 7 on page 280 the following:

“(2.1) If the Minister did not require from the owner the deposit of information and publication of a notice under paragraph 5(6)(b), the Minister must require from the owner the deposit of the plans of the proposed work, of a description of the proposed site and of any other information specified by the Minister in the local land registry or land titles office or in any other place specified by the Minister and the publication of a notice containing the information in the Canada Gazette and in two newspapers published in or near the locality where the proposed work is to be constructed.

(2.2) The notice referred to in subsection (2.1) shall invite any interested person to provide written comments to the Minister within 30 days after its publication.”

[Peggy Nash, NDP, Parkdale—High Park, ON]

moved:

Motion No. 438

That Bill C-45 be amended by deleting Clause 319.

Motion No. 440

That Bill C-45 be amended by deleting Clause 320.

Motion No. 442

That Bill C-45 be amended by deleting Clause 321.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

,

seconded by the hon. member for Thunder Bay—Superior North, moved:

Motion No. 443

That Bill C-45, in Clause 321, be amended by deleting lines 23 to 30 on page 288.

Motion No. 445

That Bill C-45, in Clause 321, be amended by replacing line 9 on page 290 with the following:

“(a) designating any works, other than bridges, booms, dams and causeways, as minor works;”

Motion No. 446

That Bill C-45, in Clause 321, be amended by replacing lines 11 and 12 on page 290 with the following:

“navigable waters, in whole or in part, other than a river that is part of the Canadian Heritage Rivers System or that provides habitat for any wildlife species at risk set out in Schedule 1 of the Species at Risk Act;”

Motion No. 448

That Bill C-45, in Clause 321, be amended by adding after line 24 on page 290 the following:

“(2.1) Before making any order under paragraph (2)(a), the Minister shall assess the likely environmental effects of those works.

(2.2) Before making any order under paragraph (2)(b), the Minister shall take into account

(a) the ecological value of that navigable water;

(b) the utility of that navigable water for the purposes of fishing and hunting; and

(c) the importance of that navigable water to Aboriginal people for traditional and other uses.

(2.3) The Minister shall post a summary of the assessments made under subsections (2.1) and (2.2) on the Internet site of the Department of Transport.”

Motion No. 449

That Bill C-45, in Clause 321, be amended by replacing lines 31 to 36 on page 290 with the following:

“28.1 (1) The Minister must table, in each House of Parliament, every order that he or she proposes to make under paragraphs 28(2)(a) and (b).

(2) Each proposed order that is tabled before a House must, on the day it is tabled, be referred by that House to an appropriate committee of that House, as determined by the rules of that House, and the committee may conduct inquiries or public hearings with respect to the proposed order and report its findings to that House.

(3) A proposed order that has been tabled pursuant to subsection (1) may be made

(a) on the expiration of 30 sitting days after it was last tabled in either House; or

(b) if, with respect to each House,

(i) the committee reports to the House, or

(ii) the committee decides not to conduct inquiries or public hearings.

(4) For the purpose of this section, “sitting day” means a day on which either House sits.”

Motion No. 454

That Bill C-45, in Clause 321, be amended by deleting lines 22 to 43 on page 291.